| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 57/10 |
| Hearing date | 11 Nov 2009 |
| Determination date | 10 March 2010 |
| Member | P Montgomery |
| Representation | N Higgison ; G Knight |
| Location | Christchurch |
| Parties | Coulson v Ezi Roof NZ Ltd and Ors |
| Other Parties | Ezi Build NZ Ltd, Thornley |
| Summary | UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed – Respondents argued abandonment conclusion warranted as applicant failed to respond to respondents’ calls and messages – Applicant’s employment agreement (“EA”) provided employed by first respondent – Applicant also carried out employment duties for second respondent, sister company of first respondent – Applicant suffered workplace injury and left workplace – Applicant’s mother faxed medical certificates to first and second respondent confirming applicant off work until specified day – Third respondent alleged did not see certificates - Conflict of evidence whether applicant returned to workplace on time – Applicant claimed returned on time – Applicant’s supervisor (“B”) argued unsuccessfully contacted applicant and concluded abandonment after no correspondence for five days after medical certificates expired – Authority found applicant employed by first respondent at all material times – Found applicant permanent employee – Found respondents’ abandonment conclusion unjustified as reasonable employer would have met with applicant before concluding abandonment – Found further, third respondent admitted not seeing certificate therefore could not have justifiably concluded abandonment - Respondent argued applicant would have been made redundant in any event – Found respondents’ should have met with applicant to discuss redundancy – Found applicant unjustifiably dismissed – REMEDIES – No contributory conduct – Reimbursement of 13 weeks lost wages awarded – $3,500 compensation for humiliation appropriate – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Respondent ordered to pay applicant arrears of wages and $916.83 arrears of holiday pay – Interest payable - Labourer |
| Result | Applications granted ; Arrears of wages (Quantum to be determined) ; Arrears of holiday pay ($916.83) ; Reimbursement of lost wages ($5,517.98) ; Compensation for humiliation etc ($3,500) ; Interest (4.49%) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s128 |
| Number of Pages | 8 |
| PDF File Link: | ca 57_10.pdf [pdf 37 KB] |